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CORSA v. PACIFIC INDEMNITY COMPANY

52 A.D.3d 450 (2008)

859 N.Y.S.2d 703

CAROL CORSA et al., Respondents, v. PACIFIC INDEMNITY COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 3, 2008.

Ordered that the order is affirmed, with costs.

In March 2001 a sewer pipe in front of the plaintiffs' home collapsed, and a large quantity of sewage spilled into the basement of their home. On April 16, 2002 the defendant Pacific Indemnity Company (hereinafter Pacific) made a payment to the plaintiff Carol Corsa pursuant to her homeowner's insurance policy. Carol Corsa executed a subrogation receipt in connection with that payment. The plaintiffs then instituted...

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